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https://e-justice.europa.eu/29/EN/types_of_legal_professions?NETHERLANDS&member=1

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Prosecutors

Organisation

The Public Prosecution Service ( Openbaar Ministerie, or OM) is a national organisation with offices in all regions of the Netherlands. There is also a national public prosecutor's office that focuses on combating (international) organised crime, and a functional public prosecutor's office to combat environmental and financial crime and fraud.

There are 10 district prosecutor's offices, where public prosecutors, assisted by administrative and legal experts, handle several hundred thousand cases a year. If an appeal is lodged, the case will be referred to one of the four regional prosecutor's offices. The OM's representative at these offices is called the advocate-general ( Advocaat-Generaal). Chief public prosecutors and chief advocates-general are in charge of these offices. At national level, the OM is governed by the Board of Prosecutors General ( College van Procureurs-generaal) in The Hague. Political responsibility for the OM lies with the Minister for Justice. Together with the Board of Prosecutors General, the Minister decides on priorities for investigation and prosecution.

Role and duties

Anyone who is suspected of committing a criminal offence will have to deal with the OM. The OM is the only body in the Netherlands that can bring suspects to trial. It ensures that criminal offences are investigated and prosecutions brought.

To this end, it works in collaboration with the police and other investigation services. The public prosecutor is in charge of investigations. The OM also oversees the proper enforcement of court rulings: fines must be paid, prison sentences served, and community service carried out. The OM and the judges are part of the judiciary. Although its Dutch name literally means 'public ministry', the OM is therefore not a ministry in the usual sense of the term.

Judges

Organisation

Anyone wishing to become a judge must have several years of professional experience. More information about the requirements is available here. Professional experience can be acquired through an internal training course with the judiciary or elsewhere in the justice system. The judiciary provides the necessary training.

Judges are appointed by the Crown, under the aegis of the Minister for Justice and Security. Only Dutch nationals can be appointed to the office of judge. Candidates must hold a law degree from a Dutch university.

Individuals can be nominated for appointment to the judiciary only on recommendation by a national selection committee, made up of members from the various courts, the Public Prosecution Service and individuals active in society.

A judge is appointed to administer justice at a specific court. Such an appointment can take place only if the court in question nominates the prospective judge. These conditions are designed to make the appointment system as objective as possible.

Judges are government officials with a special status. After being appointed, they cannot accept an appointment elsewhere. Judges can remain in office until the age of 70. Before that, they can be removed from office against their will only by the country's highest court, the Supreme Court of the Netherlands ( Hoge Raad der Nederlanden), at the instigation of the prosecutor general ( procureur-general) of this court.

Role and duties

The task of the judge is to give an unbiased decision in legal disputes - including cases to which the government is party. To guarantee impartiality in respect of the government, a special selection and appointment system is used. This is why the legal status of judges differs from that of other government officials.

The Dutch Constitution requires judges to rule on disputes and contains provisions governing the legal status of members of the judiciary.

Guided by the prevailing legislation, judges may hear cases at their discretion. They also determine, to a large extent, the practical progress of proceedings (for instance, the length of certain parts of the proceedings).

There are several statutory provisions governing the behaviour of judges. Their purpose is to guarantee that judges do their work impartially. If a party to a proceeding has doubts about the impartiality of the judge, the law provides that party with an opportunity to object to the judge hearing the case. Sometimes, one party to a lawsuit is dissatisfied with the work of the judge. Here, a distinction is made between the decision handed down by the court and the behaviour of the judge.

1. If the dissatisfaction relates to the judgment, the party complaining usually has the option of lodging an appeal.

2. Complaints about the behaviour of a judge may be filed with the board of the court where the judge in question holds office. Every court has a complaints procedure that sets out the rules on dealing with complaints.

Judges must gain expertise in at least two fields. They usually hear one case in a certain area of law, then switch to another. This system is designed to prevent judges from overly focusing for too long on one area of expertise.

Judges work in district courts ( rechtbanken). These comprise at least four sectors: one for civil law, one for criminal law, one for administrative law and one for sub-district court matters. Judges working in the latter sector are called kantonrechters, while in the other sectors they are known as rechters. The judges working in the courts of appeal ( gerechtshoven) and the Supreme Court are called raadsheren.

The composition of the courts when hearing cases is explained below.

Judges in the sub-district court sector hear cases on their own.

District court judges usually hear cases on their own, but some cases must be heard by a panel of three judges.

A panel of three judges hears cases in the courts of appeal, except where such a case can be heard by one judge. The rules governing this are set down in the Judiciary (Organisation) Act (Wet op de rechterlijke organisatie).

Five judges hear each case before the Supreme Court.

The Council for the Judiciary ( Raad voor de rechtspraak) is responsible for regulation of the profession.

Legal database

For more information, see the general website on the Dutch judiciary, which is accessible to the general public.
Organisation of legal professions
Lawyers

The Netherlands Bar ( Nederlandse Orde van Advocaten) is the public-law professional body for all lawyers in the Netherlands. The statutorily regulated core activity of the Netherlands Bar is to oversee the quality of services provided by lawyers. Among other things, the quality of lawyers' services is ensured by:

a comprehensive training programme for lawyers;

the production of by-laws and other binding rules for lawyers;

disciplinary proceedings;

information and services for members; and

advice to the Dutch government about policy plans and draft legislation.

Under the Lawyers Act ( Advocatenwet) all lawyers must become members of the Netherlands Bar. There are currently over 18 000 registered lawyers.

Legal advisers

There is no centralised body regulating this profession.

Notaries

Organisation

The Royal Dutch Association of Civil-law Notaries ( Koninklijke Notariële Beroepsorganisatie) defends the interests of notaries in the Netherlands and ensures that they can do their work properly.
Role and duties
The law requires a notarial instrument for a number of agreements and legal transactions. The most important of these are:

1. conveying real property in the Netherlands;

2. creating or cancelling mortgages;

3. incorporating public or private limited liability companies (NVs and BVs) or altering their articles of association;

4. establishing foundations or associations (including cooperatives) or altering their constitution;

5. drawing up, altering and executing wills;

6. drawing up or altering marriage contracts and registered domestic partnership agreements;

7. transferring registered shares; and

8. providing for gifts and donations in a notarial instrument.

For practical reasons, a notary often also performs other types of legal transactions and may draft other kinds of agreement. These include, for example, partnership agreements (commercial, civil and limited partnerships), agreements between cohabitees and provisions to protect private limited liability companies from third parties.

Other legal professions

The Royal Professional Organisation of Judicial Officers in the Netherlands ( Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders, KBvG) is governed by the Judicial Officers Act ( Gerechtsdeurwaarderswet). The Act gives the KBvG - which all judicial officers in the Netherlands are required to join - the task of fostering good practice within the profession.

Dutch judicial officers are responsible for receiving and sending documents in accordance with Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. Documents to be served in the Netherlands must be sent directly to a judicial officer. Requests for this service must be submitted in Dutch or in English. Requests cannot be sent to the Dutch central body, the Royal Professional Organisation of Judicial Officers in the Netherlands. Its assistance can be requested only in the exceptional circumstances defined in Article 3(c) of the aforementioned EU Regulation.

Pro bono legal services

For primary legal advice, you can ask for help at one of the Legal Help Desks ( Het Juridisch Loket). Here you can request information, advice and clarification on legal matters. The Legal Help Desks are the first port of call in the provision of legal aid.

If necessary, you will be referred to a private lawyer or mediator, who acts as the secondary line of legal aid.

All information services at the help desks are provided free of charge, on the spot or as part of a consultation. You can contact these help desks about problems concerning civil, administrative, criminal and immigration law.

A total of 44 Legal Help Desks have been established. They are distributed evenly throughout the Netherlands so that every Dutch citizen is within easy reach of legal services.

For more information, see the website of the Legal Help Desks.

Related links
Public Prosecution Service Dutch judiciary and the Supreme Court of the Netherlands Netherlands Bar Royal Dutch Association of Civil-law Notaries Royal Professional Organisation of Judicial Officers in the Netherlands Legal Help Desks

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dutch supreme court (hoge raad der nederlanden)

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royal professional organisation of judicial officers (the koninklijke beroepsorganisatie van gerechtsdeurwaarders or kbvg)

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The Public Prosecution Service ( Openbaar Ministerie, or OM) is a national organisation with offices in all regions of the Netherlands. There is also a national public prosecutor's office that focuses on combating (international) organised crime, and a functional public prosecutor's office to combat environmental and financial crime and fraud.

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https://www.government.nl/topics/administration-of-justice-and-dispute-settlement/the-dutch-court-system

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The court system in the Netherlands comprises different areas of law and a variety of bodies. Judges are independent and cannot be dismissed by the Minister of Justice and Security.

Areas of law

Civil law (also known as private law)
Civil law is the umbrella term for the law dealing with conflicts between individual members of the public and/or organisations. The government is working to achieve faster and simpler procedures for straightforward civil disputes.

Administrative law
Administrative law prescribes the rules that public authorities must keep to in their decision-making and regulates relations between government and citizens. The most important of these rules are laid down in the General Administrative Law Act (AWB).

Criminal law
Criminal law deals with offences ranging from minor infringements such as failure to stop at a red light to serious offences such as drug trafficking, theft and murder. Cases are brought before the courts by the Public Prosecution Service.

Organisational structure of the courts

The Netherlands is divided into 11 district courts, 4 courts of appeal and 1 Supreme Court. Most cases start at a district court. Every district court has a limited jurisdiction sector, which hears cases such as employment or rent disputes, and civil cases involving claims of up to €25,000. This sector also hears cases involving minor criminal offences (misdemeanours).

Jurisdictions

To safeguard the quality of the justice system and to make the courts accessible to everyone, the Netherlands is divided into jurisdictions. This division determines, among other things, which district court will hear a given case.

Appeal and cassation

If one of the parties disagrees with the court's ruling, the case may be referred to a court of appeal and subsequently, through an appeal in cassation, to the Supreme Court.

Other courts in the Netherlands

Besides these courts, the Netherlands has a number of other judicial bodies. The Central Appeals Court for Public Service and Social Security Matters deals with appeals in cases involving public servants and social security cases. The Administrative Court for Trade and Industry hears cases relating to socioeconomic administrative law. The Administrative Jurisdiction Division of the Council of State is the highest administrative court. The Council of State is not part of the organisational structure of the judiciary.

Contact point and spokesperson for the justice system

The Council for the Judiciary is the central contact point for the judiciary and also acts as its spokesperson in the political and public debate. The Council protects the common interests of the judicial bodies and oversees provisions applying to courts across the board. It also supervises operational management and financial administration.

Disposal of cases by the Public Prosecution Service (OM): penalties imposed by the OM

In the Netherlands, the Public Prosecution Service has the authority to impose penalties for a number of common criminal offences. The OM may not impose custodial (i.e. prison) sentences. Municipal authorities and special enforcement officers also have the authority to impose penalties of this kind. They can issue an administrative penalty for antisocial behaviour; for instance, they can fine someone for noise nuisance. They can also issue a 'police penalty' for so-called 'P offences', which are offences like speeding that used to be punished with on-the-spot fines.

The OM may impose a range of penalties. Examples include:

a fine;

an alternative sanction (of up to 180 hours);

a driving ban (of up to 6 months);

payment of compensation to the victim;

an anti-social behaviour or intervention order (such as football banning order or mandatory participation in a drug rehabilitation programme).

Simplified procedure for civil disputes

The costs, the formal nature and the complexity of judicial proceedings can often discourage private individuals and commercial companies from taking cases to court. This certainly applies when the costs are higher than any money that might be awarded. Take the case of a consumer who has a dispute with a company for which no disputes committee exists, and wants to take his grievance to court. To make it easier to resolve these cases within the legal system, the government wants to make the procedures for straightforward disputes between members of the public and/or organisations (that is, civil disputes) faster and less complicated.

Register of experts

If the courts are to do their work properly, they are dependent on experts. So judicial bodies need a reliable register of persons with the right expertise: the Netherlands Register of Court Experts (NRGD). Is an expert needed to testify in a criminal case? Then a judge, a lawyer, or the Public Prosecution Service, for instance, can consult this register. The NRGD lists experts in areas such as DNA testing, forensic psychology, psychiatry or handwriting analysis.

Interpreters and translators

For court cases in which one of the parties does not have an adequate command of Dutch, the government has set up a register of court interpreters and sworn translators. In cases involving criminal or aliens law, the courts, the Public Prosecution Service, the Immigration and Naturalisation Service (IND), the police and the Royal Military and Border Police can only use interpreters and translators whose names are listed in this register. In civil cases this is not mandatory.

Using the register, litigants (such as private individuals and enterprises) and people providing legal services (such as lawyers) can easily find an interpreter or translator who fulfils the requirements of integrity and quality laid down in the Sworn Interpreters and Translators Act.

The register of court interpreters and sworn translators (only in Dutch) can in fact be accessed by any member of the public and can be found on the website of the bureau for sworn interpreters and translators.

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The court system in the Netherlands comprises different areas of law and a variety of bodies. Judges are independent and cannot be dismissed by the Minister of Justice and Security. Civil law (also known as private law) Civil law is the umbrella term for the law dealing with conflicts between individual members of the public and/or organisations.

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http://ieg-ego.eu/en/threads/crossroads/legal-families/claudia-lydorf-romance-legal-family

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The Romance legal family refers to a group of countries (France, Spain, Italy, Belgium, Portugal, Romania and the Netherlands) whose legal systems and practices share certain common defining characteristics. Established during the expansion of France under Napoleon Bonaparte, codified French law in…

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In the Netherlands there is national organization called the Public Prosecution Service (or OM) with offices all around the country, that services cases. There is also a national prosecutor's office that works towards combatting organized crime, environmental, and fraudulent crime. There are ten district prosecutors offices whose duties include collaborating with police, investigating, and bringing crimes to trial. There is a Netherlands Bar that sets the standards for attorneys. Judges are appointed by the Crown, must be a citizen, and hold a law degree from a Dutch university. They are nominated on the recommendation from varying officials, including the Public Prosecution Office. Judges can serve until 70 years of age. The role of the judge in the Netherlands is to give unbiased opinion in legal disputes, guided by the legislation, as well as establish the progress of proceedings.

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The Netherlands is a parliamentary democracy. It has Parliament which means citizens can elect who represents them. There is a Ministry of Justice and Security which is the body that maintains the law. The court system is comprised of 11 district courts, 4 courts of appeal, and one Supreme Court. Similarly to America, there is a prosecutor's office that brings charges against the offenders and judges are separate entities to impose safeguards.

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A main influencer in the Romance family was Napoleon Bonparte. In 1800, he made a commission to draft the first ever civil code, Code civil de Français, which would later be called the Code Napoleon. The Code Napoleon solidified the shift between laws being orally transmitted to a legal system based on written laws. This spread throughout Europe during the expansion of France. The Code has long held influence and became a basis for European civil law as well as definitive codification of the Romance legal family.

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The Romance Legal Family refers to Spain, Italy, Romania, France, Belgium, Portugal, and the Netherlands. Romano-Germanic law is the legal culture developed in continental Europe, emphasizing learned legal doctrine and codified law. The Romance family was greater established during the expansion of France under Napoleon and codified in the "Code civil des Français". This spread throughout french-speaking countries. The development of Napoleonic codifications played a crucial role on the Romance legal family. The Romance family is part of the system of civil law, also referred to as continental law, the opposite of common law.